PENDLETON v. NELSON

No. 22463.

404 F.2d 1074 (1968)

R. D. PENDLETON, Appellant, v. Louis S. NELSON, Warden, San Quentin Prison, et al., Appellees.

United States Court of Appeals Ninth Circuit.

December 26, 1968.


Attorney(s) appearing for the Case

R. D. Pendleton, pro per., for appellant.

Thomas C. Lynch, Atty. Gen. of Calif., Robert R. Granucci, Ronald H. Kearney, Deputy Attys. Gen., San Francisco, Cal., for appellees.

Before HAMLEY, HAMLIN and KOELSCH, Circuit Judges.


HAMLEY, Circuit Judge:

R. D. Pendleton, a California state prisoner in custody under two judgments of conviction for violation of state criminal statutes, applied to the district court for a writ of habeas corpus. The district court, without hearing, denied the application sua sponte. Pendleton appeals.

One judgment of conviction, entered on June 29, 1964, was for the state offenses of statutory rape and possession of marijuana, committed about January...

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